Sinclair Law

The trial judge will instruct the jury that there is no exact standard for measuring these damages other than it should be fair and just in light of the evidence. The items to be considered in evaluating the amount a case is worth include pain from the injuries, any disability or physical impairment, any disfigurement, mental anguish and the loss of the capacity to enjoy life both in the past and in the future.

In addition to pain, suffering, and disability, the reasonable expense of hospitalization and medical and nursing care and treatment in the past and in the future is also recoverable. Additionally, any lost earnings lost time off work and lost earning capacity for the future are also elements of damages to be recovered.

From beginning to the conclusion of a malpractice case, a rough estimate would be 18 months. Some cases are settled relatively quickly and others take much longer. Each case is different.

There is no difference. The two are interchangeable. Negligence/medical malpractice is defined as the failure to use reasonable care. Reasonable care on the part of a doctor, hospital or healthcare provider is that level of care, skill, and treatment, which, in light of all circumstances, is acceptable and appropriate by similar and reasonably careful physicians, hospitals or healthcare providers. The law defines medical negligence as doing something that a reasonably careful physician, hospital or healthcare provider would not do under similar circumstances, or failing to do something that a reasonably careful doctor, hospital or healthcare provider would do under similar circumstances.

Nothing. The initial consultation either by phone or in person is always free. If you have a case, you do not have to pay anything until the case is successfully concluded. If you win, attorney’s fees and costs are paid out of the settlement. If you do not win, or if it is determined that you do not have a case, you do not owe the malpractice attorney anything. Any costs advanced by the attorney are paid by the attorney and if you do not have a case, or if your case isn’t successful, you would not be responsible for anything.

The Florida Statute of Limitations for medical malpractice cases is 2 years from the date you knew or should have known that there was something wrong. Any action must be brought on or before that time. It is important to note that you do not have to know exactly what the malpractice was, only that there was something wrong that alerted you to a problem. That’s when the statute of limitations starts running.

Simple. Call the office. You want to be able to talk directly to the malpractice attorney himself or herself and not to a nurse or paralegal about your case. The attorney is the one who has the best information to advise you as to whether there is a case or not.

No. That’s the standard for criminal cases, not for medical malpractice cases. In a medical malpractice case, you must only prove your case to a jury by a greater and more convincing weight of the evidence.

Juries like doctors and hospitals. That being said, most malpractice cases settle prior to trial. Once a malpractice case gets to trial in front of a jury, the statistics show that the chances of winning are only 20%. However, every case is different and every jury is different, so the statistics don’t always mean much.

It varies. In Florida, due to laws which do not require nursing home operators to carry very much insurance, many times these cases can be resolved prior to filing suit, which would be only a matter of months. Sometimes, families are asked to sign Arbitration Agreements which take away their rights to a trial. Arbitration can still take up to 2 years, and as can a case that is filed in court.

No. You will likely be told this will simplify any claims against the facility, but in effect, it protects the facility from having a jury render a verdict. It doesn’t save time, it doesn’t save money and it makes things more difficult for a full recovery. You do not have to sign an arbitration agreement for your loved one to be admitted to a nursing home.

Florida law provides nursing home residents with rights which must be protected by the nursing home facility. Among those, the right to receive adequate and appropriate health care and protection and support services, including social services, mental health services, recreational activities, and rehabilitation. Another important nursing home resident right is the right to be treated courteously, fairly and with the fullest measure of dignity and to be free from mental and physical abuse and physical and chemical restraints, except those restraints authorized in writing by a doctor for a limited period of time. Resident’s rights as outlined by Florida statute are required to be posted in every nursing home.

AV rating is the highest rating for legal ability and ethical standards.

The answer should be “nothing unless we win your case.” Any other answer is unacceptable.

How many times do you want to relate your “story”? Sometimes, you’ll end up telling everything to a paralegal or someone at a firm that doesn’t handle medical malpractice cases, only to be told to call another lawyer to tell the same story again. Many firms advertise for medical malpractice cases, but then refer them to a specialty firm, like Sinclair Law Offices.

Doctor and hospital insurance companies rarely talk about settling your case until you’re “on the courthouse steps,” going to trial. You want an attorney who can go the distance.

Some firms have their paralegals do telephone intakes of possible clients and use paralegals extensively in working up a case. You don’t want a firm like that. You need to know an experienced malpractice lawyer will be handling your case from start to finish, like Sinclair Law Offices. That way, you build that important client-attorney relationship, which is vital to succeeding in a case. You need to know that when you call with a question, it will be answered by the attorney and not a paralegal.

No. There won’t be a case unless they cause permanent, disabling injuries to you as a result of their negligence. It’s like a truck running a stop sign in front of you but not hitting you. They were negligent, but you can’t sue them because they didn’t hit you.